U.S.-Rwanda BIT Investor-State Arbitrations

The Treaty Between the United States of America and the Republic of Rwanda Concerning the Encouragement and Reciprocal Protection of Investment (U.S.-Rwanda BIT) contains provisions designed to protect foreign investors and their investments and to facilitate the settlement of investment disputes.  For example, each State Party must accord investors from the other Party national (i.e., non-discriminatory) treatment and may not expropriate investments of those investors in violation of international law.  The U.S.-Rwanda BIT permits an investor of one Party to make a legal claim for money damages for measures taken by the other Party that allegedly violate the provisions of the BIT.  An investor may initiate arbitration against that Party under the UNCITRAL Arbitration Rules or, as applicable, the ICSID Convention or ICSID Additional Facility Rules.

The following links provide general background on the U.S.-Rwanda BIT, the relevant arbitral rules, and investment disputes:

• U.S. Department of State, Office of Investment Affairs
• U.S. Trade Representative, U.S.-Rwanda BIT
• International Centre for Settlement of Investment Disputes (ICSID) 
• United Nations Commission on International Trade Law 

The Department of State is the lead agency representing the U.S. government in U.S.-Rwanda BIT cases.  The State Department works closely with other agencies to develop U.S. government positions in these cases.

The links at the top connect to pages describing any cases against a State Party and contain pleadings and certain other documents that are publicly available under the rules and confidentiality agreements applicable in each case.

For more information, contact:

Office of International Claims and Investment Disputes
Investment Arbitration
Suite 203, South Building
2430 E Street, N.W.
Washington, DC 20037
tel: 202-776-8360
fax 202-776-8388

Notices and other documents in disputes under the U.S.-Rwanda BIT shall be served on the United States by delivery to:

Executive Director (L/EX)
Office of the Legal Adviser
Department of State
Washington, D.C. 20520
United States of America

Cases Filed Against the Republic of Rwanda: Bay View Group, LLC and The Spalena Company, LLC v. Republic of Rwanda

Bay View Group, LLC and The Spalena Company, LLC allege that the Republic of Rwanda violated Articles 3 (national treatment), 4 (most-favored-nation treatment), 5 (minimum standard of treatment), and 6 (expropriation) of the U.S.-Rwanda BIT.  This arbitration is proceeding under the ICSID Convention Rules and is administered by the International Centre for Settlement of Investment Disputes.

Further information and documents concerning this claim can be found on the World Bank website.

2/19/21 U.S. Article 28.2 Submission [432 KB]